Guardianships and Protective Orders are defined in
Wisconsin
Statutes Chapters 54 and 55.
They are legal methods for appointing
an alternative decision-maker and identifying required services for individuals
who are legally incompetent. These individuals
are usually people with one of the following: developmental disabilities, memory
loss, chronic and serious mental illness, substance
abuse issues or other conditions that limit their decision making ability.

While positive outcomes are usually the result of guardianship and/or protective
placement orders, these legal processes limit or
remove rights to which individuals in our society are normally entitled. Care must
be taken to protect each individual's rights
while assuring that individuals who are legally incompetent receive the support
and services they need.

Guardianship

A guardian is a court-appointed decision-maker for an individual who is not able
to make their own decisions, usually based on one of the
conditions listed above. The court may appoint the guardian as the guardian of the
person, guardian of the person's estate, or both.
To proceed with guardianship, a medical doctor or licensed psychologist must complete
an examination of the individual, find that
the individual is no longer competent and be available to testify if the guardianship
is contested.

Protective Placement

A court can issue orders for a person who has a guardian to be protectively placed.
The legal standard basically says, without the
protective placement, the individual is so totally incapable of providing for their
own care and well-being, it creates a substantial
risk of serious harm to themselves or others.

Protective services are often offered on a voluntary basis (arranged by Wood County),
but may be ordered for a person under
guardianship, who lives in their own home or apartment or in a residential facility.
A wide range of services may be available
including, but not limited to, case management, in-home care, nursing services,
and adult day care.

Protective placement is required for anyone under guardianship who lives in a licensed
facility of more than 16 beds. Protective placements must be the least restrictive
setting necessary to meet the individual's needs, and are reviewed annually by the
court. To help the courts review these placement orders, annual reviews are completed
by legal services/APS coordinators for any person who has a guardian and a court-ordered
placement. This is referred to as a Watts Review.